S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3527
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced by M. of A. BRONSON, ZINERMAN, OTIS, SHIMSKY, LUNSFORD, RAGA,
   STECK,  GIBBS,  BURDICK,  GONZALEZ-ROJAS, GLICK, DILAN, HEVESI, REYES,
   KELLES, SEPTIMO, CLARK, SHRESTHA, COLTON, ANDERSON, ROSENTHAL,  LUCAS,
   FORREST -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed  to extreme temperatures. This involves skyrocketing heat in the
 summer.  Every year, New York city  has  high  numbers  of  heat-related
 emergency  department visits, hospital admissions, and deaths. According
 to the New York City Office of the Mayor, each year there are  an  esti-
 mated  450 heat-related ED visits, 150 heat-related hospital admissions,
 10 heat-stroke deaths, and 350 heat-exacerbated deaths, caused  by  heat
 worsening existing chronic conditions.
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   §  3. The labor law is amended by adding a new article 20-D to read as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. HEAT PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05471-02-5
              

 A. 3527                             2
 
   § 742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO  THE
 STANDARDS IN THIS ARTICLE:
   (A) AGRICULTURE;
   (B)  CONSTRUCTION,  UNLESS  THE EMPLOYER IS PARTY TO A: (I) COLLECTIVE
 BARGAINING AGREEMENT OR (II) PROJECT LABOR AGREEMENT WITH  A  BONA  FIDE
 BUILDING AND CONSTRUCTION TRADES COUNCIL;
   (C) LANDSCAPING;
   (D) CAR WASH SERVICE;
   (E) COMMERCIAL SHIPPING;
   (F)  FOOD  SERVICE,  INCLUDING  FOOD RETAIL WORKERS WHOSE JOBS REQUIRE
 REGULAR OUTDOOR WORK, OR EXPOSURE TO OUTSIDE TEMPERATURES  IN  BACK  AND
 STORAGE ROOMS WHERE DELIVERIES ARE RECEIVED;
   (G) WAREHOUSING;
   (H)  TRANSPORT  SERVICE,  INCLUDING BUT NOT LIMITED TO AIRPORT SERVICE
 WORK, RAMP, CARGO, TARMAC MAINTENANCE WORKERS, AND  COMMUTER  RAIL  LINE
 SERVICE; AND
   (I) BUILDING SERVICE WORK.
   2.  FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE COVERED
 INDUSTRIES IN PARAGRAPHS (A), (B), (C), (D), (F), AND (H) OF SUBDIVISION
 ONE OF THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS HEREIN.  FOR  THE
 PURPOSES  OF THIS ARTICLE, INDOOR WORKSITES OF THE COVERED INDUSTRIES IN
 PARAGRAPHS (E), (F), (G) AND (I) OF  SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL BE SUBJECT TO THE PROVISIONS HEREIN.
   §  743.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EMPLOYEE" MEANS ANY PERSON WITHIN  A  COVERED  INDUSTRY  PROVIDING
 LABOR  OR  SERVICES  FOR  REMUNERATION FOR A PUBLIC OR PRIVATE ENTITY OR
 BUSINESS WITHIN THE STATE,   WITHOUT REGARD  TO  AN  INDIVIDUAL'S  IMMI-
 GRATION  STATUS,  AND  SHALL INCLUDE, BUT NOT BE  LIMITED TO,  PART-TIME
 WORKERS,  WORKERS CLASSIFIED AS INDEPENDENT CONTRACTORS,  DAY  LABORERS,
 AGRICULTURAL  WORKERS  AND   OTHER TEMPORARY   AND SEASONAL WORKERS. THE
 TERM SHALL ALSO  INCLUDE  INDIVIDUALS  WORKING  FOR  STAFFING  AGENCIES,
 CONTRACTORS  OR SUBCONTRACTORS ON BEHALF OF THE EMPLOYER AT ANY INDIVID-
 UAL WORKSITE, AS  WELL  AS  ANY INDIVIDUAL DELIVERING  GOODS  OR  TRANS-
 PORTING  PEOPLE  AT,  TO OR FROM THE WORKSITE ON BEHALF OF THE EMPLOYER,
 REGARDLESS OF WHETHER  DELIVERY  OR TRANSPORT  IS CONDUCTED BY AN  INDI-
 VIDUAL  OR  ENTITY THAT WOULD OTHERWISE BE DEEMED AN EMPLOYER UNDER THIS
 ARTICLE, OR ANY PERSON HOLDING A POSITION BY APPOINTMENT  OR  EMPLOYMENT
 IN THE SERVICE OF A PUBLIC EMPLOYER WITHIN THE SCOPE OF THIS ARTICLE.
   2.  "EMPLOYER"  MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC ENTITY, OR ANY  ORGANIZED  GROUP  ACTING  AS  EMPLOYER  WITHIN  A
 COVERED INDUSTRY IDENTIFIED IN THIS ARTICLE.
   3.  "INDOOR  WORKSITE"  MEANS ANY ENCLOSED WORK VEHICLES AND ANY SPACE
 BETWEEN A FLOOR AND A CEILING BOUND  ON  ALL  SIDES  BY  WALLS.  A  WALL
 INCLUDES  ANY  DOOR,  WINDOW, RETRACTABLE DIVIDER, GARAGE DOOR, OR OTHER
 PHYSICAL BARRIERS THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER  OPEN  OR
 CLOSED.
   4.  "OUTDOOR  WORKSITE"  MEANS ALL EMPLOYERS WITH EMPLOYEES PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT INCLUDING WORK ON A LOADING DOCK WITH  AN
 OVERHEAD  COVERING  AND  OPEN  SIDES. THE TERM OUTDOOR WORKSITE DOES NOT
 APPLY TO INCIDENTAL EXPOSURE, WHICH EXISTS WHEN AN EMPLOYEE IS  REQUIRED
 TO  PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES
 IN ANY SIXTY-MINUTE PERIOD.
   5. "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY  OR
 MORE  DEGREES FAHRENHEIT.   FOR THE PURPOSES OF INDOOR TEMPERATURE REGU-
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 LATED ENVIRONMENTS, THE INDOOR TEMPERATURE  SHALL  FALL  BETWEEN  SIXTY-
 EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
   6. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S  INABILITY  TO  COPE WITH EXTREME HEAT TEMPERATURE STRESS THRESH-
 OLDS, AND INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION,
 HEAT SYNCOPE, AND HEAT STROKE.
   7. "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE  NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
 EXCEEDING THE HEAT STRESS THRESHOLDS.
   §  744.  HEAT  PROTECTION  STANDARDS.   THE EMPLOYER SHALL FULFILL THE
 FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR  WORK-
 SITE  AND  EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT STRESS THRESH-
 OLD:
   1. ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS  TO  POTABLE
 DRINKING  WATER  AT NO COST TO THE EMPLOYEE.  THE WATER SHALL BE LOCATED
 AS CLOSE AS PRACTICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING.  WATER
 SHALL  BE  PROVIDED  AT  THE  BEGINNING OF THE WORK SHIFT TO PROVIDE ONE
 QUART PER EMPLOYEE PER HOUR FOR DRINKING FOR THE ENTIRE SHIFT; PROVIDED,
 HOWEVER, THAT AN EMPLOYER MAY BEGIN THE SHIFT WITH SMALLER QUANTITIES OF
 WATER WHERE SUCH EMPLOYER HAS  EFFECTIVE  PROCEDURES  FOR  REPLENISHMENT
 DURING THE SHIFT AS NEEDED TO ALLOW EMPLOYEES TO DRINK ONE QUART OR MORE
 PER HOUR.
   2.  MEDICAL MONITORING.   EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
 AND IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE  EXHIBITS
 SIGNS  OR  REPORTS  SYMPTOMS OF HEAT ILLNESS WHILE TAKING A PREVENTATIVE
 BREAK PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION,  OR  AT  ANY  OTHER
 TIME,  THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3. ACCESS TO SHADE.  (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
 MADE AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE  EXCEEDS
 EIGHTY  DEGREES  FAHRENHEIT  AND  SHALL  BE  AS CLOSE TO THE WORKSITE AS
 REASONABLY POSSIBLE. WHEN THE  OUTDOOR  TEMPERATURE  IN  THE  WORK  AREA
 EXCEEDS  EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
 ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE  EMPLOYEES  ARE  PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE  AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
 NUMBER OF EMPLOYEES ON PREVENTATIVE BREAKS, SO THAT THEY CAN  SIT  IN  A
 NORMAL  POSTURE  FULLY  IN  THE SHADE WITH AT LEAST FOUR SQUARE FEET PER
 RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO HAVE A SHADE STRUCTURE, OR OTHERWISE  TO  HAVE  SHADE  PRESENT  ON  A
 CONTINUOUS  BASIS,  THE  EMPLOYER MAY UTILIZE ALTERNATIVE PROCEDURES FOR
 PROVIDING ACCESS TO SHADE IF THE ALTERNATIVE PROCEDURES  PROVIDE  EQUIV-
 ALENT PROTECTION.
   4.  PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED
 TO TAKE PAID PREVENTATIVE BREAKS  WHEN  THEY  FEEL  THE  ONSET  OF  HEAT
 ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
 SUCH  ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES.
 SUCH PREVENTATIVE BREAK MAY INCLUDE ACCESS  TO  SHADE.    AN  INDIVIDUAL
 EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
   (I)  SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS OF
 HEAT ILLNESS;
   (II) SHALL BE ENCOURAGED TO REMAIN  IN  THE  SHADE,  WHERE  APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
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   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT  ILLNESS  HAVE  ABATED,  BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
 ADDITION TO THE TIME NEEDED TO ACCESS SHADE WHERE APPLICABLE.
   (B)  WITH  RESPECT  TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
 EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE  EMPLOYER  SHALL  ALLOW  AND
 ENCOURAGE  EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
 REST PERIOD EVERY TWO HOURS.
   5. PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE  THE  NECES-
 SARY  PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND TEMPERATURES
 AT OR EXCEEDING THE HEAT STRESS THRESHOLDS TO  THE  EXTENT  PRACTICABLE.
 THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) FANS, IF POSSIBLE;
   (B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (C)  ANYTHING  ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT TO COMBAT
 EXTREME HEAT.
   6. VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY  MINUTES  IN
 WORKPLACE  OR  EMPLOYER  PROVIDED VEHICLES EACH DAY OR WHOSE WORKSITE IS
 CONSIDERED AN EMPLOYER PROVIDED VEHICLE SHALL HAVE  ADEQUATE  AIR-CONDI-
 TIONING  AVAILABLE  INSIDE  SUCH VEHICLE, PROVIDED HOWEVER THAT AGRICUL-
 TURAL MACHINERY INCLUDING TRACTORS, SEEDERS,  AND  HARVESTING  EQUIPMENT
 SHALL  BE  EXEMPT FROM THIS PROVISION UNLESS OTHERWISE DETERMINED BY THE
 COMMISSIONER.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
 AVAILABLE  MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY THE
 EMPLOYER AT TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF  A  MEMBER
 OF ORGANIZED LABOR.
   2.  MANDATED  SIGNAGE  AND  MATERIALS. THE DEPARTMENT SHALL PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO EMPLOYEES BY THEIR EMPLOYER  IN  THE  TWELVE  MOST  COMMON  LANGUAGES
 SPOKEN IN THE STATE REGARDING THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS;
   (B) HEAT STRESS THRESHOLDS;
   (C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
   (D)  WHERE  EMPLOYEES  CAN REPORT AN EMPLOYER'S LACK OF ACCOMMODATION;
 AND
   (E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3. UNLAWFUL RETALIATION.   FOR THE PURPOSES  OF  THIS  ARTICLE,  THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN ANY MANNER DISCRIMINATES, RETALIATES, OR  TAKES  ANY  ADVERSE  ACTION
 AGAINST  ANY  EMPLOYEE  WITHIN  NINETY DAYS OF THE EMPLOYEE INITIATING A
 COMPLAINT PURSUANT TO THIS ARTICLE.
   4. OUTREACH CAMPAIGN.   THE DEPARTMENT  SHALL  ESTABLISH  A  STATEWIDE
 OUTREACH  CAMPAIGN  TO  EDUCATE  EMPLOYEES ON THE HEAT ILLNESS STANDARDS
 ESTABLISHED AND ENSURE THAT EMPLOYERS ARE  PROVIDING  ACCESS  TO  PROPER
 SIGNAGE AND MATERIALS.
   §  746.  ENFORCEMENT.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL ESTABLISH, MAINTAIN, AND
 PRESERVE FOR THREE YEARS CONTEMPORANEOUS, TRUE, AND ACCURATE RECORDS  ON
 ALL  HEAT-RELATED  ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR
 INDOOR WORKSITE TO ENSURE  COMPLIANCE  WITH  COMMISSIONER  REQUESTS  FOR
 DATA.
   2.  EVERY  EMPLOYER IN A COVERED INDUSTRY SHALL DEVELOP A WRITTEN PLAN
 ON HOW HEAT-RELATED STRESS WILL BE MITIGATED. AN EMPLOYER SHALL  PROVIDE
 A. 3527                             5
 
 SUCH  PLAN  TO  ALL  EMPLOYEES  AND APPLICABLE LABOR ORGANIZATIONS ON AN
 ANNUAL BASIS.
   3.  EVERY  EMPLOYER  IN  A  COVERED  INDUSTRY SHALL BE REQUIRED TO PAY
 PENALTIES OF NO LESS THAN FIFTY DOLLARS PER DAY FOR FAILING TO IMPLEMENT
 HEAT PROTECTION STANDARDS AS SET FORTH IN THIS ARTICLE.  THE  DEPARTMENT
 SHALL ADMINISTER NOTICE AND COLLECT ALL FINES.
   4.  THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE FORM
 WHERE EMPLOYEES CAN FILE COMPLAINTS WITH THE DEPARTMENT  REGARDING  HEAT
 PROTECTION STANDARDS.
   5.  ANY  OTHER  REPORTING OR ENFORCEMENT PROTOCOLS NECESSARY TO ENSURE
 THE PROTECTION OF WORKERS.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule or regulation  necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.